2A

1

Paragraph 1(1)(g) or (ga) does not prevent the provision of support or assistance under a relevant provision to a person to whom paragraph 1 would otherwise apply by virtue of paragraph 7B if—

a

conditions A and B are satisfied in relation to that person, and

b

condition C, D or E is satisfied in relation to that person.

2

In sub-paragraph (1) “relevant provision” means—

a

section 23C, 23CZA or 23CA of the Children Act 1989,

b

regulations under section 23D of that Act, or

c

section 24A or 24B of that Act.

3

Condition A is that—

a

the person has made an application for leave to enter or remain in the United Kingdom, and

b

where regulations made by the Secretary of State require that the application must be of a kind specified in the regulations for this condition to be satisfied, the application is of that kind.

4

Condition B is that—

a

the application is the first application for leave to enter or remain in the United Kingdom that the person has made, or

b

where regulations under sub-paragraph (3)(b) require that the application must be of a kind specified in the regulations for condition A to be satisfied, the application is the first application of that kind that the person has made.

5

Condition C is that the application has not been determined or withdrawn.

6

Condition D is that—

a

the application has been refused,

b

the person could bring an appeal under section 82(1) against the refusal (ignoring any possibility of an appeal out of time with permission), and

c

if the person brought such an appeal, it would not be one that, by virtue of section 92(6), would have to be continued from outside the United Kingdom.

7

Condition E is that—

a

the application has been refused,

b

the person has appealed under section 82(1) against the refusal,

c

the appeal is not one that, by virtue of section 92(6), must be continued from outside the United Kingdom, and

d

the appeal is pending within the meaning of section 104.

8

For the purposes of sub-paragraph (3) the Secretary of State may by regulations provide for circumstances in which—

a

a person is to be treated as having made an application for leave to enter or remain in the United Kingdom (despite not having made one), or

b

a person is to be treated as not having made such an application where the Secretary of State is satisfied that the application made is vexatious or wholly without merit.